According to The Spokesman-Review, Spokane County prosecutors have dropped all rape and kidnapping charges against the four members of the Polish death metal band DECAPITATED, citing the well-being of the alleged victim.
Less than two weeks before the musicians were scheduled to go on trial for allegedly kidnapping and raping a woman on their tour bus four months ago, Spokane County prosecutor Kelly Fitzgerald filed a motion dismissing all rape and kidnapping charges. The motion cites “the well being of the victim” as a reason for dropping the charges without prejudice, meaning the four members of Decapitated could be prosecuted in the future.
The woman alleged she was gang-raped by the musicians in their tour bus bathroom after DECAPITATED‘s August 31 concert with THY ART IS MURDER at The Pin concert venue in downtown Spokane as part of the two bands’ “Double Homicide” tour. The woman said entered the bus for drinks with the band before each member forced themselves on her.
Deputies later stated the victim had “significant bruising to her upper arms consistent with being restrained” and “small abrasions on her knuckles that were scabbed over.”
Andy Marsh, a member of THY ART IS MURDER, provided testimony for the defense, saying he saw the woman violently dancing in the mosh pit in front of the stage. “She was smashing her hands, arms and body against the metal barricade between the audience and the stage,” he said in the court documents.
In a statement, the DECAPITATED members said that “the original officer who took the complaint from the accuser stated, ‘I do not have probable cause that a rape occurred.'” They added that they were “confident that once the facts and evidence have been seen and heard, they will be released and able to return home.”